It’s important to remain aware of your rights and requirements for rental properties given there’s been a fair bit happening in the renting space in South Australia this year.
Rent bidding now banned
Since 1 September 2023 rent bidding has been banned. Rental properties can now only be advertised for a fixed amount.
Landlords can no longer:
- advertise properties with a rent range
- put properties up for rent auction
- invite offers over the advertised rental price.
If a third party facilitates rental applications, they must not rate or assess prospective tenants based on a higher rent offer.
These changes help tenants know that the property they apply for is actually within their budget.
Protecting tenant information
Also, since 1 September 2023, anyone who holds personal information about a tenant or prospective tenant must take reasonable steps to protect the information from things such as misuse, unauthorised access or disclosure.
More affordable rental bonds
The bond claim threshold increased earlier this year. Before 1 April 2023 landlords could claim a bond equivalent to a maximum 6-weeks’ rent when the weekly rent was more than $250, and only a 4-week bond could be claimed for properties below that threshold.
Since April the bond threshold was raised to $800, so most rental properties in SA now only require a 4-week bond.
This applies for agreements entered into on or after 1 April 2023 where the weekly rent is more than $800.
For anyone living in a residential park – which is like a caravan park – the bond amount remains capped at 4 weeks’ rent, regardless of the weekly rental amount.
Specific advice for residential parks residents
A new Q&A factsheet provides answers to some of the common questions raised by residential parks residents and owners.
The factsheet covers issues such as:
- rent and other fees that can be charged by the park owner
- requirements for agreements
- guidance for residents’ committees
- what happens to a resident’s dwelling if they pass away
- rules around short-term leases.
See the Residential Parks Q&A fact sheet for details.
Further changes to rental laws
The State Government has also announced its intention to:
- prevent landlords from unreasonably refusing a tenant’s application to keep a pet in a rental property, provided the tenant agrees to comply with any reasonable conditions imposed by the landlord.
- increase the notice period from 28 days to 60 days if a landlord decides not to renew a fixed term tenancy agreement, to give renters more time to secure a new property.
- stop ‘no cause’ evictions, which means landlords would need to provide renters a prescribed reason to end a periodic tenancy agreement or not renew a fixed term agreement.
Feedback on these reforms was canvassed through a review of SA’s residential tenancies laws. Further updates on these proposed changes will be available from cbs.sa.gov.au/campaigns/Review-of-SAs-Renting-Laws.
The State Government is also looking at changes to allow granny flats to be rented out to anyone – not just family members.
More information
Visit the SA.GOV.AU page renting and letting for more information about renting rights and responsibilities or contact CBS for advice on 131 882.
If you’ve previously rented a property and are yet to claim your bond back, visit the CBS Bond Status Register to check if money is owing and follow the instructions to make your claim. Find out more at cbs.sa.gov.au/unclaimedbonds.